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Probation Violation 1st DUI Marijuana posssion

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Shawn Walker

Junior Member
Hello I live in south dakota and ive been on probation for almost 3/4 of a year and I just got busted for Possision and ingestion and I just wanted to know what to expect. I dont have a probation officer and was also wanted to know if I will have to pay any extra fines.
 


quincy

Senior Member
More details, please.
What are you on probation for, and why don't you have a probation officer?
Are you under the age of 21?
Your post heading says DUI possession of marijuana - does it say 32-23-1 on your citation?
 

Shawn Walker

Junior Member
Sorry About that. I got a Drunk Driving DUI last spring and got a decent lawyer to help me out with the case. When I got the DUI I was at the age of 20. On the 16th of october me and my friends were smoking marijuana when his apartment when the cops knocked on the door and busted us all with Parrphanillia, Possion, and ingestion. I am not even sure if I am on probation or not for the dui but i just wanted to know what to expect.

PS: I turned 21 over the summer
 

quincy

Senior Member
Your DUI, since you were under the legal drinking age, should have been a Class 2 misdemeanor, I believe, resulting in up to 30 days in jail and/or a $200 fine, but charges can be reduced or dismissed on a first offense, which is apparently what happened in your case.

Your possession and ingestion of marijuana are both Class 1 misdemeanors, if you had 2 ounces or less, and you should face not less than 15 days in jail and the possibility of a fine on a first offense. Since your marijuana charge comes after your DUI, however, both while you were under 21, I imagine you are facing the revocation of your driving privileges for a year or so, a sizable fine ($650-750, I think), and up to 120 days in jail (which generally is 80 days actual and 40 days suspended). A South Dakota attorney can give you a more accurate idea of what the penalties will be in your case, however, as I am not sure how the courts would figure the two Class 1 misdemeanors (possibly 3 with the paraphernalia charge) on top of your Class 2 misdemeanor DUI.

Second offenses are always taken more seriously than first offenses. Second offenses can lead to revocation of driving privileges, hefty fines and jail time, but possibly you can escape with no jail time with the successful completion of a court-approved chemical dependency program and, if you have liability insurance on your car, the court could potentially allow you to drive to a job or school or counseling (restricted driving privileges, in other words), as well. You should seek out the "decent" lawyer you had last time, to see if he can work more miracles for you.
 

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